Italian Power of Attorney

Italian Power of Attorney

If you live abroad and need to deal with Italian matters such as real estate transactions, inheritance claimsland registry updates, financial affairs, or manage your bank accounts (and much more) without traveling to Italy, or if you are not willing to deal with such matters in Italian, a power of attorney (PoA) could be the best solution.

By means of a power of attorney (procura), you can give the authority to represent you in such affairs to someone based in Italy. Activities performed by a third party on your behalf by means of a PoA produce the same legal value as activities performed by you in person. A PoA will identify the third person who will act in your capacity and will also limit the types of action the elected representative can perform on your behalf according to your wishes.

 

In order to produce legal effects, a power of attorney must be executed before and notarized by a reliable authority accepted by Italian law (such as a notary public, an attorney at law/solicitor, or an Italian consulate).

The individual who is authorized to act on your behalf by means of a PoA does not necessarily have to be a lawyer or any other type of legal professional. Anyone having full acting capacity can be entrusted with powers to act on behalf of someone else.

Bureasy can assist in the PoA drafting and instructing of a representative of your choice. However, if you are unable to appoint anyone on your own, we can assist in identifying a representative through our extensive network of providers.

Bureasy offers assistance for:

  • PoA drafting
  • Submission of PoA to an Italian notary for review
  • Choice of and instruction to the representative
  • International notarization
  • Validation process
  • Asseveration

When a PoA is notarized abroad, in order to be considered valid in Italy it has to go through an international validation process. Also, if the PoA is drafted in a foreign language, once it is internationally validated it needs to be asseverated.

The two main procedures to validate a foreign PoA are the consular procedure and the non-consular procedure.